The Verdict | MSB Solicitors Blog | Law Blog https://www.msbsolicitors.co.uk
Thu, 21 Mar 2019 21:09:02 +0000Joomla! - Open Source Content Managementen-gbRape trial collapses after police fail to disclosehttps://www.msbsolicitors.co.uk/msb-talk/blog/item/15-rape-trial-collapses-after-police-fail-to-disclose.html
https://www.msbsolicitors.co.uk/msb-talk/blog/item/15-rape-trial-collapses-after-police-fail-to-disclose.htmlThe Government wants to cut Legal Aid by up to 30% in the most substantial criminal cases where there are thousands of pages of evidence to be considered.

This is the latest in a long line of cuts. The last time legal aid rates were increased for criminal cases was in 1992. Twenty five years ago. Neil Kinnock was the Labour leader and only political nerds had heard of Tony Blair. Lisa Stansfield had the Christmas number one single.

I can hear some of you cheering already. Grasping lawyers lining their pockets by getting lowlife off serious offences. But behind that stereotype lies a very different truth, as was revealed in the case of Liam Allen earlier this month.

Liam, a 22-year-old criminology student, faced up to 10 years in jail after being accused of raping a fellow student in 2017. His trial was halted at Croydon Crown Court last week and the judge, Peter Gower, called for a review of disclosure of evidence by the Metropolitan Police, as well as an inquiry at the Crown Prosecution Service.

It is understood that some 40,000 texts sent by the complainant, that left no doubt of Mr Allan’s innocence, were not disclosed by police working on the case. Now, Scotland Yard is said to be carrying out an "urgent assessment" after the prosecution collapsed due to the late disclosure of evidence which ultimately undermined the case.

Most of my clients have never previously been in trouble with the police. Most are in work, have families and live law abiding lives. Some even vote Tory. They include:
• A taxi driver accused of making a homophobic remark to a passenger
• A teacher accused of altering a form for the local council amounting to a forgery
• A young lad celebrating his 18th birthday given a wrap of drugs by his mates
• A nurse accused of drinking and driving
• A doctor accused of possessing indecent images on the family computer
• A company director accused of defrauding the taxman
• A young man defending his mate in a fight outside a pub accused of GBH
• A mother falsely accused of sexually assaulting her son 50 years ago
All denied these offences. Most of them were at risk of losing their jobs and some were at risk of prison. All were acquitted and are grateful for a Legal Aid system that meant that ordinary people of modest means could be represented by skilled, properly qualified lawyers at their hour of greatest need when their family life, careers and even their liberty were at risk.

Any experienced criminal lawyer could tell you hundreds of these life stories. Most of you never get to hear about them. Your neighbours are unlikely to tell you about their experiences when the full force of the state takes aim at you and the criminal justice system takes over your life.
The Legal Aid system was the fourth pillar of the welfare state, created in the same post war era as the NHS, our modern state education system and the welfare system.

Now it is at risk of destruction and even opposition politicians are silent. There are no votes in defending Legal Aid.

And this Government still wants to savagely cut the number of firms nationwide carrying out criminal Legal Aid work. More than two thirds of existing firms will be wiped out and their staff will lose their jobs.

When you, your partner or child needs us next time, we will not be there to help if this government forces through its plans.

Welcome to the brave new world of the criminal justice system. And let’s thank our lucky stars that there are still old fashioned , honourable men and women (both prosecuting and defending) who strive every day to make a broken system work.

]]>seansexton@msbsolicitors.co.uk (Sean Sexton)The VerdictWed, 03 Jan 2018 00:00:00 +0000Has the Supreme Court today opened the floodgates?https://www.msbsolicitors.co.uk/msb-talk/blog/item/11-has-the-supreme-court-today-opened-the-floodgates.html
https://www.msbsolicitors.co.uk/msb-talk/blog/item/11-has-the-supreme-court-today-opened-the-floodgates.htmlSean Sexton, partner in our crime team has welcomed the decision of the Supreme Court to correct the interpretation of so called “joint enterprise” law.

He said:

“There is no doubt in my mind that a large number of people have been unjustly convicted of serious offences including murder over the last thirty years because of the misinterpretation of the mental element required for somebody to be convicted on a joint enterprise basis.”

Sean cautioned, nevertheless, that it will be a long, hard struggle for those who seek to overturn convictions in joint enterprise cases. He continued:

“Every case will have to be considered on its own facts. The Court of Appeal will be very reluctant to open the floodgates to thousands of potential appeals.

“The Supreme Court itself made clear that their putting the law right does not render invalid all convictions which were arrived at over many years by courts faithfully applying the law as then laid down.

“Existing convictions can be set aside only by seeking exceptional leave to appeal to the Court of Appeal out of time.

“The Court of Appeal will not grant leave to appeal simply because the law then applied has now been declared to have been mistaken.

“Whilst the Supreme Court decision today gives hope to many, it is only the start of a long process with an uncertain outcome.”]]>seansexton@msbsolicitors.co.uk (Sean Sexton)The VerdictThu, 18 Feb 2016 00:00:00 +0000Are the Ministry of Justice working off the back of a fag packet?https://www.msbsolicitors.co.uk/msb-talk/blog/item/5-are-the-ministry-of-justice-working-off-the-back-of-a-fag-packet.html
https://www.msbsolicitors.co.uk/msb-talk/blog/item/5-are-the-ministry-of-justice-working-off-the-back-of-a-fag-packet.htmlMy firm, MSB Solicitors in Liverpool, employ 80 local people despite the best efforts of the Ministry of Justice.
We have an excellent Family Law department and we also do a lot of work for small businesses.

The latest wheeze from the Ministry of Justice (proprietor Chris Grayling MP, Lord Chancellor) is to increase court fees for bringing money claims over the value of £10,000.

Under the new system, the court fee to issue a claim for, say, £190,000 will rise by 622 per cent, from £1,315 at present to £9,500.

That’s right, almost ten grand just to file the claim with the court office.

You don’t get any legal advice or work for that. You are on your own. If you want or need a lawyer, you will have to pay the lawyer’s fees on top.

The MoJ maintains that 90% of claims will not be affected, but no one believes anything they say any more.

The potential impact of these fee increases could be devastating for cohabitees who split up and wish to claim a share in the family home.

A claim by a cohabitee for a share in a family home worth £200,000 would require a court fee alone of £10,000.

That is just to issue the court proceedings without the cost of any legal representation.

How will any ordinary person be able to afford this?

The type of people making such claims are often women who have left a family home owned in the sole name of their former partner.

The reality is that in future, such cohabitees will be unable to make a claim on the family home and may be left destitute. There is no legal aid available for such claims, however poor the claimant.

If one party could afford the court fee to bring such a claim, the other party would have to also pay an increased court fee if he/she wished to counterclaim. There is a very real risk that the party with the greater financial means would simply get judgment in default.

Small businesses will be prevented from suing large companies for goods or services supplied. The tactics of large companies delaying payment to small suppliers will escalate.

How can a pensioner with industrial related asbestosis afford the extra £2,000 fee they would need to make a £50,000 claim.
What price Justice under this government?
I suppose if you have a Swiss bank account, you will manage to get by. The rest of us need to make access to justice an election issue.

When the politicians come knocking on your door looking for your vote in the coming weeks, ask them what they are doing about this scandal. The chances are they won’t even know what you are talking about.

Tell them to come back when they have a policy on justice issues.

]]>seansexton@msbsolicitors.co.uk (Sean Sexton)The VerdictThu, 12 Feb 2015 00:00:00 +0000Criminal lawyers are as bad as the scum they representhttps://www.msbsolicitors.co.uk/msb-talk/blog/item/3-criminal-lawyers-are-as-bad-as-the-scum-they-represent.html
https://www.msbsolicitors.co.uk/msb-talk/blog/item/3-criminal-lawyers-are-as-bad-as-the-scum-they-represent.htmlThe government want to cut the number of firms nationwide carrying out criminal work from 1,600 firms to 525. More than two thirds of firms will be wiped out and their staff will lose their jobs.

I can hear some of you cheering already. Grasping lawyers lining their pockets by getting lowlife off serious offences.

But behind that stereotype lies a very different truth.

Most of my clients have never previously been in trouble with the police.

Most are in work, have families and live law abiding lives. Some even vote Tory.

A taxi driver accused of making a homophobic remark to a passenger

A teacher accused of altering a form for the local council amounting to a forgery

A young lad celebrating his 18th birthday given a wrap of drugs by his mates

A nurse accused of drinking and driving

A doctor accused of possessing indecent images on the family computer

A company director accused of defrauding the taxman

A young man defending his mate in a fight outside a pub accused of GBH

The list is endless.

All denied these offences. Most of them were at risk of losing their jobs and some were at risk of prison.

All were acquitted and are grateful for a legal aid system that meant that ordinary people of modest means could be represented by skilled, properly qualified lawyers at their hour of greatest need when their family life, careers and even their liberty were at risk.

Any experienced criminal lawyer could tell you hundreds of these life stories. Most of you never get to hear about them. Your neighbours are unlikely to tell you about their experiences when the full force of the state takes aim at you and the criminal justice system take over your life

The legal aid system was the fourth pillar of the welfare state, created in the same post war era as the NHS, our modern state education system and the welfare system.

Now it is at risk of destruction and even opposition politicians are silent. There are no votes in defending legal aid.

So I repeat, the government want to cut the number of firms nationwide carrying out criminal legal aid work from 1,600 firms to 525. More than two thirds of existing firms will be wiped out and their staff will lose their jobs.

When you, your partner or child needs us next time, we will not be there to help if this government forces through its plans.

A wet behind the ears, overworked and demoralised “lawyer” employed by Capita, G4S, Serco or their ilk may speak to you at the police station or on the phone before your day in court. A broken down old war horse may be available to represent you at court but not until the day of the hearing (and even then, s/he will have so many other clients that morning that you will get a few minutes consultation at best)

Welcome to the brave new world of criminal defence.

]]>seansexton@msbsolicitors.co.uk (Sean Sexton)The VerdictThu, 02 Oct 2014 00:00:00 +0000Should Chris Grayling be the next Tory leader? A criminal lawyer’s view.https://www.msbsolicitors.co.uk/msb-talk/blog/item/1-should-chris-grayling-be-the-next-tory-leader-a-criminal-lawyer-s-view.html
https://www.msbsolicitors.co.uk/msb-talk/blog/item/1-should-chris-grayling-be-the-next-tory-leader-a-criminal-lawyer-s-view.htmlMr Grayling is one of the big beasts of the government.

A darling of the right wing of the party, sound on Europe, the scourge of criminals and their grasping lawyers and contemptuous of High Court judges.

Mr Justice Burnett ruled last week that The Lord Chancellor acted ‘unlawfully’ in the way he consulted on controversial plans to shake up criminal legal aid. The judge said that the ministry’s failure to disclose the findings of two key reports on plans to introduce new dual criminal legal aid contracts was ‘so unfair as to result in illegality’. Quashing the lord chancellor’s decision to reduce the number of duty provider contracts from 1,600 firms to 525, he advised a reconsultation of the profession.http://www.bbc.co.uk/news/uk-29283993

And how did our Lord Chancellor (responsible for the efficient functioning and independence of the courts) respond to being found to have acted unlawfully and illegally on the cornerstone of the criminal justice system?

Undaunted , his officials at the Ministry of Justice (MoJ) tweeted that it was no more than a technicality and they would press on with their plans after a three week reconsultation of the profession.

Mr Grayling is the first Lord Chancellor since 1673 not to be legally qualified and many lawyers believe that he treats the legal system and the courts with contempt.

He has also presided over some of the biggest ministerial cock-ups in recent times stemming from his ideological pursuit of privatisation in all sectors of the criminal justice system, regardless of the impact on the criminal justice system.

Electronic monitoring contracts with G4S and Serco to tag offenders have had to be terminated after allegations that they over chargedthe government for electronically monitoring people who were either dead or in jail! The matter has been referred to the Serious Fraud Office (SFO) and is subject to ongoing criminal investigation.

Notwithstanding this debacle, Mr Grayling has decided to privatise the probation service .Private companies are finalising bids for £800m a year in contracts to run UK probation services. The contractors will be responsible for supervising all the actions required by the courts, such as community orders, supervision or unpaid work, with rewards for cutting reoffending rates.
All this when the probation service has managed to get reoffending rates down to 34.2% after a decade of steady year-on-year decline. Mr Grayling calls that failure.

That reliable old friend of governments of both persuasions, Capita, will be prominent amongst the bidders. Serco and G4S will probably have to wait for a clean bill of health from the SFO enquiry before being allowed to bid.

The government has also uncovered serious problems with G4S's contract to provide facilities management in courts.

And now Mr Grayling intends to press on with his proposals to reduce the number of firms providing criminal legal aid by more than two thirds despite all the evidence showing that the cuts the government wish to achieve are likely to be met by the impact of previous “reforms “ and the steadily dropping number of criminal prosecutions.

Should then Mr Grayling succeed David Cameron if the Tories lose power at the next general election? He may be a conference darling but Conservative supporters should be careful what they wish for.